Collective Bargaining and Unions in Today’s Workplace

Chapter 13


Collective Bargaining and Unions in Today’s Workplace


Barbara Cherry, DNSc, MBA, RN, NEA-BC




Key Terms



Arbitration


The process of negotiation sanctioned in the United States by the National Labor Relations Board. It is the method used for formal talks between management and labor within modern business, industry, or service organizations. Binding arbitration means that all parties must obey the arbitrator’s recommendations.


Collective bargaining


The process whereby workers organize under the representation of a union in order to share a degree of power with management to determine selected aspects of the conditions of employment.


Grievance


A term associated with a negative workplace event that results in an allegation by an employee that he or she has not been treated fairly and equitably. Grievances can occur in union and non-union settings. In a union setting, a grievance generally arises when two parties, such as an employee and a manager, interpret contract provisions differently. Grievances often involve job security or safety, which is a union priority, or job performance or discipline, which is a management priority.


Industrial unionism


Occurs when there is a single union for all workers in a corporation. For example, all people who work in an automobile manufacturing company may be grouped together under the United Auto Workers (UAW). It is possible that the industrial union, with its massive numbers of union members, is the strongest possible collective group.


Labor


A group composed of those who work for others to receive a salary.


Management


The group of people within a business or company who plan, organize, lead, or control the activities of employees who have agreed to work to receive a salary.


Mediation


A form of settling disputes that involves a trained person who listens to all parties and makes recommendations. Such mediation is generally not legally binding.


Occupational unionism


Each occupation within a given company has separate unions; these occupational groups might join others of like work across boundaries and across the country. White-collar workers coming from a background of higher education and some measure of job security tend to prefer occupational unionism and organizing with like-minded professionals. In general, nurses prefer occupational unionism.


Picketing


A form of protest in which people (called picketers) congregate outside a place of work or location where an event is taking place. Often this is done in an attempt to dissuade others from going in (“crossing the picket line”), but it can also be done to draw public attention to a cause.


Right-to-work laws


Statutes enforced in 22 U.S. states, mostly in the southern and western United States, allowed under provisions of the Taft-Hartley Act, which prohibit agreements between unions and employers that make membership or payment of union dues or “fees” a condition of employment, either before or after hiring.


Secret ballot elections


To establish a union in a workplace, a majority of employees must express support for the union. The employees prove majority through a secret ballot election conducted by the National Labor Relations Board.


Strike


A work stoppage caused by the refusal of a large portion of employees to perform work; usually takes place to enforce demands relating to employment conditions on their employer or to protest unfair labor practices. Sympathy strike occurs when one union stops work to support the strike of another union.


Unfair labor practices


Actions that interfere with the rights of employees or employers as identified under the National Labor Relations Act. An unfair labor practice can be something as simple as suspicion by an employee that he or she was assigned to an unpopular task unfairly, or it can be as complex as the identification of a pattern of many employees receiving discriminatory treatment in the workplace because of being union supporters. Unfair labor practices are a frequent source of either strikes or the initiation of union activity within a setting.


Union


A group of workers who band together to accomplish goals related to conditions of employment.


Union shop


Refers to a worksite that requires all new employees in a specific work group to join the union. Dues will be deducted automatically from employees’ paychecks as defined in the facility’s contract.





image


Additional resources are available online at:


http://evolve.elsevier.com/Cherry/


VIGNETTE


Addison Mitchell graduated in June from nursing school. She passed the NCLEX® examination and can now call herself a registered nurse (RN). As she drives to the hospital on the first day of her new job, she is feeling a sense of pride and joy, mixed with sheer fright, as she realizes that this is the world-class place she has chosen for her first job. She had always dreamed of working at this hospital. It was the hospital she always heard about from her family and the one that the press always headed to when a local comment on health care events was needed as background for a news story. She would now have a chance to become a seasoned nurse at one of the finest hospitals in the country.


Addison is realistic enough to know that her feelings of joy may not last, but she is unaware that she is on the verge of walking into a battleground. As she enters the drive leading to the hospital parking area, picketers are shouting about unfair working conditions and patient deaths. Signs tell of cruelty to nurses. As Addison walks to the building, with her new name tag that reads “Registered Nurse,” she is approached by a person asking her to sign a card. Addison states, “I’m sorry. I’m new here. I need to get my feet on the ground, and then I will be happy to talk to you about the card.” Addison begins to feel very anxious because she does not have a good understanding of union organizing efforts or the issues the nurses at the hospital are facing.


Addison does not yet know that she will be approached many times in the coming days by coworkers who will tell her how she should feel and what she should do. She has much to consider before making a decision between two alternatives that she does not fully understand.



We thank Corinne Grimes, DNSc, RN, for her contribution to this chapter in the first edition and Carolyn Roe, MSM, BSN, for her contribution in the fifth edition.




Development of Collective Bargaining in America


Early Activities


During the late nineteenth century, when the Industrial Revolution was a force throughout North America, a cadre of thinkers arose who believed that workers needed to join together to protect themselves from circumstances such as long work hours, child labor, and unhealthy factory conditions. These early groups sought such basic conditions as safety in work situations, adequate pay for hours worked, and the right not to be arbitrarily dismissed. This banding together of workers to accomplish goals was termed trade unionism. This technique was successful in many instances and remains with us today.



Federal Legislation


As a result of these early efforts at unionization, Congress passed the National Labor Relations Act (NLRA) in 1935. Under the terms of the NLRA, employees were given the right to self-organize, to form labor unions, and to bargain collectively. As part of the 1935 NLRA, the National Labor Relations Board (NLRB) was established to implement provisions of the NLRA. The NLRB continues to play a vital role in labor-management relations and, working through 51 regional and field offices in major U.S. cities, they conduct union elections and prosecute unfair labor practices.


With employees’ rights protected by federal legislation, collective bargaining now could occur in companies across the country. Employees could organize themselves into units recognized under terms of the NLRA without fear of being fired for belonging to the union or for participating in union activities, such as collective bargaining. Typical goals in collective bargaining activities were to establish reasonable working conditions and formal agreements between employees and management for wages and health and retirement benefits.


However, exemptions to the NLRA were established for nonprofit companies. This meant that employees of nonprofit hospitals such as nurses were not protected under the NLRA and therefore were not legally protected for participation in collective bargaining activities. Hospitals’ employees may have been excluded from protection by the NLRA because it was believed that services provided were so essential that organizing activities would be contrary to the public’s interest. Eventually, in 1974 legislation allowed for the inclusion of nonprofit hospitals in coverage under provisions of the NLRA. Nurses could form collective bargaining units. The 1974 amendments also included the requirement for a 10-day written notice of the intent to picket or to strike. This notice would allow the health care facility time to prepare and would protect the relative health and safety of the public.



Development of Collective Bargaining in Nursing


Formal unionization in nursing began in 1946 when the American Nurses Association (ANA) endorsed collective bargaining as a way to gain economic security and influence other employment issues. Its efforts were dealt a serious blow, however, when Congress passed the 1947 Taft-Hartley Act, exempting charitable institutions, including nonprofit hospitals, from the 1935 NLRA Act. The ANA immediately began efforts to get the Taft-Hartley provisions related to charitable institutions repealed. As noted, legislation enacted in 1974 finally allowed for the inclusion of nonprofit hospitals in coverage under the NLRA.


While the ANA worked to pave the way for collective bargaining for nurses, it also struggled with its role in representing nurses who were part of unions as well as nurses from right-to-work states who did not support unionization. Finally in 1999, a national nurses union, the United American Nurses (UAN), was established as an ANA affiliate to create an independent voice for union nurses. In 2009, the UAN dropped its affiliation with the ANA and merged with the California Nurses Association/National Nurses Organizing Committee and the Massachusetts Nurses Association to form National Nurses United. Today, with over 170,000 members, National Nurses United is the largest union in the United States representing registered nurses.



The Collective Bargaining Process


Collective bargaining is a method of equalizing power. As such, it involves negotiation and administrative agreements between employees and employers. Because the individual employee, or even a small group of employees, has limited power to bargain with the employer, the idea of banding together in a union enhances the position of employees in situations calling for negotiation. The goals of collective bargaining are achieved by imposing rules regarding how employers must treat employees represented by a union. The union movement in the United States is involved with strengthening a worker’s position in the relationship between management and labor.


Nurses and nurse managers need to understand the steps involved in the union organizing and election process, as well as what are considered appropriate or inappropriate management responses and labor responses. Since union organizing involves power sharing and sometimes a temporary sense of distrust between bedside nurses and management, it can become an anxious and emotional process. Knowing allowable patterns for the process of union organizing can help alleviate unnecessary distress.


The following discussion is an overview of the general steps in the union organizing process based on information taken from the Basic Guide to the National Labor Relations Act (NLRB, 1997). The reader will see that careful attention is given to ensuring fairness for employer, employees, and the unions that may be involved in an election to determine if employees agree to unionize.



The Preformal Period in Union Organizing


The goal of collective bargaining is the equalization of power between labor and management. To initiate collective bargaining activities, an organizing drive is instituted by union forces who attempt to create an official NLRB-sanctioned bargaining unit in a particular institution. The bargaining unit is either accepted or rejected through an election process in which non-management employees vote. If accepted, the bargaining unit will be made up of union members who are workers at the unionized facility and will be designed to protect the workers against arbitrary treatment and unfair labor practices.


A union organizing drive may be initiated when nurses in a particular health care facility contact a union because they feel a need for help in negotiating with their employer. The stimulus for this initial contact is usually not frivolous. There is typically a pervasive feeling among the nurses on a particular unit or in the health care facility as a whole that working conditions are unsatisfactory and that there is no possibility of making improvements under conventional existing circumstances.


It is helpful at this point to examine what is to be gained by those petitioning the NLRB for an election for union representation. For a group of workers, a newly formed union will:


Stay updated, free articles. Join our Telegram channel

Nov 6, 2016 | Posted by in NURSING | Comments Off on Collective Bargaining and Unions in Today’s Workplace

Full access? Get Clinical Tree

Get Clinical Tree app for offline access